HomeMy WebLinkAboutORD 1046 (1990) 1
ORDINANCE .NO. 1046
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA
3 AMENDING THE TUSTIN CITY CODE REGARDING THE
REGULATION OF NEWSRACKS
4
5 The City Council of the City of Tustin does hereby ordain as
'follows:
6
Section 7212 of Chapter 2, Part 1 of the Tustin City Code is
7 hereby amended to read as follows:
8 7212 Regulation Of NewSracks
9 A. Purpose. The purpose of this chapter is to establish-a
comprehensive set of regulations applicable to newsracks on the
10 public streets, sidewalks and other public property. The purpose-
of this chapter is to advance and improve safety and aesthetics by
11 controlling~ the number, size, construction, placement and
appearance of newsracks without restricting the free dispersal of
12 information guaranteed by the Constitutions of the United States
and the State of California.
13
More specifically, the purpose of this chapter is to promote
14 the public peace, morals, health, safety and general'welfare by
regulating the placement, appearance, servicing and insuringof
15 newsracks so as to protect against the dangers of impairing or
distracting the vision of motorists and pedestrians; the hazards~
16 of unreasonably interfering with or impeding the flow of pedestrian
or vehicular traffic, including ingress into or egress from any'.~
17 residence or place of business, or from the street to the sidewalk
by persons exiting or entering parked or standing vehicles;.
.18 unreasonably interfering with the use of public property for its
intended'-purpose; unduly restricting access to the use of poles,
19 posts, traffic signs or signals, hydrants, mailboxes or locations
used for transportation purposes; unsightly structures inconsistent
20 with the intent and purpose of the city's design regulations;
neglectful servicing of newsracks resulting in visual blight on
'21 public rights-of-way and other public property and detracting from
the aesthetics of store window displays, adjacent landscaping and
22 other improvements; reduction in value of surrounding property;
unnecessary exposure of the city to personal injury and property
23 damage claims and lawsuits; and public displays of harmful or
offensive matters.
The City Council finds and determines that the strong and
25 competing interests. of the public and of newspapers require a
reasonable accommodation which can only be satisfactorily achieved
26 through the means of this Section which is designed to accommodate
such interests by regulating the time, place and manner of using
27 .newsracks. It is not the intent of this chapter to in any way
discriminate against, regulate or interfere with the publication,
28 circulation, distribution or dissemination of any newspapers.
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B. Definitions. ,
For the purpose of this part, the words set out in this
3 Section shall have the following meanings:
4 (1) "Newsrack" means any selflservice or coin-operated box,
container, storage unit or other dispenser installed, used or
5 maintained for the display and sale of newspapers or news
periodicals.
6
(2) "Parkway'. means that area between the sidewalk and.the
7 curb of any street, and, where there is no sidewalk, that area
between the edge of the roadway and the property line adjacent
8 thereto. Parkway also includes any area within ar0adway which is
not open to vehicular travel.
9
(3) ',Person." means any individual, company, corporation~
10 association,. business or other legal entity.
(4) "Public property" means parks, square, plazas and any and
11 all other real property owned by the city.
(5) ,Right-of-way', :means land which by deed, conveyance,
13 agreement, easement, dedication, usage or process of law is ..
reserved for and dedicated to the general public for street,
14 highway. alley, pedestrian walkway, storm'drainage 'bicycle path
or other purposes. '
15
(6) "Roadway" means that portion, of a street improved,
16 designed or ordinarily used for vehicular travel.
17 (7) "Sidewalk" means any surface provided for the exclusive
use of pedestrians.
18
(8) "Street" means all that area dedicated to public use for
19 public street purposes and includes, but is not limited to,
roadways, parkways, alleys and sidewalks.
20
C. Permits.
21
'(1) No person shall install or maintain any newsrack which in
22 whole orin part rests upon, in or over any public right-of-way or
other public property without first obtaining a permit therefor
23 from the License and Permit Board. An amendment to application for
said permit shall first be filed with the License and Permit Board
24 in the event that additional newsracks are installed in the city
or removed from the city by the applicant subsequent to the
25 issuance of the original permit by the city.
26 (2) Applications for permits required by this chapter shall
be filed with -the License and Permit Board upon printed forms to
27 be prescribed and suppliedby it. The application shall be signed
by the applicant and shall state the following:
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(a) The name and address of the applicant;
(b) The location(s) of the proposed installation or
3 maintenance of the newsrack(s);
4 (c) The time that said newsrack(s) is (are) proposed to
be installed or maintained;
(d) The nature, 'type and model of the news rack(s)
6 proposed to be installed or maintained;
7 (e) That the applicant agrees, upon expiration or
revocation of the permit,-to immediately restore the
· 8 public right-of-way or other public property to its
condition prior to the installation or maintenance
9 of the newsrack(s);
10 (f) Any additional information which the License and
Permit Board may deem necessary for the proper
11 disposition of the application.
I2 (3) Not more than one permit shall be required for each
applicant regardless of the number of newsracks proposed to be
I5 installed or maintained'.
14 (4) Prior to the issuance of a permit, the applicant shall
pay all fees provided by resolution of the City Council.'
15
(5) In addition.to the permit application, each applicant
16 shall also execute a document, approved as to form by the city
attorney, agreeing to' hold the city, its officers, employees and
17 agents free and harmless from any claim, demand or judgment .in
favor of any person, arising out of the location of.any newsrack
18 'located upon, in or over a public right-of-way or other public
property and deposit with the city clerk a certificate of insurance
.19 evidencing that a liability insurance policy in minimum amounts set
by the City Council has been issued, naming the city as an
20 additional named insured, and containing a provision that the
Policyzcannot be cancelled, coverage materially modified, or limits
21 of liability reduced or changed at any time during the time the
newsrack is installed or maintained on public property. If such
22 insurance is cancelled or modified in anyway inconsistent with the-
foregoing requirements, the said news rack shall be removed in
23 accordance with the provisions of this Section.
24 (6) Each permit shall be valid for a period of five years,
and may be renewed in the same manner set forth in this Section for
20 original applications, provided however, that the License and
Permit Board may prescribe a simplified application form and
26 procedure for renewals.
27 (7) Each permit shall be issued only to the person making the
application and may not be assigned to another person by the
28 permittee without first providing written notice to City of the
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proposed assignment on forms prescribed by the License and Permit
2 Board. If any Permittee.assigns his permit to another, without
compliance with the aforesaid notice requirement, the permit will
5 be deemed revoked as of the time of the attempted assignment.
4 (8) Upon a finding the applicant is in compliance with the
provisions of this Section, the License and Permit Board shall
5 issue a newsrack permit at locations approved by the License and
Permit Board. If a permit is denied, the applicant shall be
6 notified in writing.-of the specific cause of such denial by the
License and Permit Board and the right to appeal in accordance with
7 subsection F of this Section.
8 D. Regulations.
(1) No person shall'install, use or maintain 'any newsrack
9 which projects onto, into or over any part of the roadway of any
10 public street, or which rests, wholly or in part, upon,. along or
over any portion of a roadway.
11
(2) No person shall install, use or.maintain any newsrack
12 which in whole or in part rests upon, in or over any sidewalk or
parkway, when such installation, use or maintenance endangers the
13 safety of persons or property, or when such site or location is
used for public utility purposes, public transportation purposes
1'4 or other government use, or when such newsrack Unreasonably
interferes with or impedes the flow of pedestrian Or'Vehicular
15 traffic, the ingress into or egress from any residence, place of
-business, or any legally' parked or stopped vehicle, or the use of
16 poles, posts, traffic signs or signals, hydrants, mailboxes, or
other objects permitted at or near said location, or when such{
17 newsrack interferes with the gleaning of any sidewalk.
18 (3) Any newsrack which in whole or in part rests upon, in or
over any sidewalk or parkway shall comply .with the following
19 standards:
20 (a) 'Newsracks shall not exceed five feet in height,
thirty inches in width, or two feet in depth.
21
(b) Newsracks shall only be .placed near a curb or
22 .adjacent to the wall of a building. NewstaSks placed near the
curb shall be placed no less than eighteen inches nor more
23 than twenty-four inches from the edge of the curb. Newsracks
placed adjacent to.the wall of a building shall be placed
24 parallel to such wall and not more than six inches from the
wall. No newsrack shall be placed or maintained on a sidewalk
25 or parkway opposite a news stand or another newsrack.
26 (c) No newsracks shall be chained, bolted or otherwise
attached to any property not owned by the owner of the
27 newsrack or to any permanently fixed object.
28 (d) Newsracks may be chained or otherwise attached to
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one another; however, no more than six newsracks may be joined
2 together in this manner, and a space of no less than eighteen
inches shall separate each group of two to six newsracks
5 allowed under this paragraph (d).
4 (e) No newsrack, or group of attached newsracks'allowed
under paragraph (d) hereof, shall weigh, in the aggregate, in
5 excess of 125 pounds when empty.
6 (f) No neWsrack shall be placed, installed, used or
maintained:
7
(1) Within three feet of any marked crosswalk.
8
(2') Within fifteen feet of the curb return of any
9 unmarked crosswalk.
10 (3) Within three feet of any fire hydrant, fire
call box, police call box or other emergency
11 " 'facility.
12 (4) Within three feet of any driveway.
13 (5) Within three'feet ahead of or fifteen feet to
the rear of any sign marking a designated bus
14 stop. -
15 (6) Within three feet of any bus bench.
16 (7) At any location whereby the clear space for the
passageway of pedestrians. is reduced to less
17 than six feet.
18[~ (8) Within three feet of any area improved with
lawn, flowers, shrubs or trees or within three
19 feet of any display window of any building
abutting the sidewalk or parkway or in such
20~ manner as to impede or interfere with the
reasonable use of such window for display
21 ' purposes.
22 (g)' No newsrack shall be used for advertising signs
or publicity purposes'other than that dealing with the
23 display, sale or purchase of the newspaper or news
periodical sold therein.
(h) Each newsrack shall be maintained in a clean
25 and neat condition and in good repair at all times.
26 (4) Every person who places or maintains a newsrack on the
streets of the City of Tustin shall have his, her or its name,
27 address, telephone number affixed thereto in a plac~ where such
information may be easily seen.
28
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(a) No person shall knowingly exhibit, display, or cause
2 to be exhibited or displayed, Harmful Matter as such term is
defined in Section 313, Chapter 7.6, Title 9, Part 1, of the
3 Penal Code of California, in any newsrack located on a public
sidewalk or public place from which minors are not excluded,
4 unless blinder racks have bee~ installed so that the lower
two-thirds of the matter is not exposed to public view. For
5 the purposes of this secition, the term "blinder rack" shall
mean opaque material placed in front of, or inside, the
6 newsrack and which prevents exposure to public view.
7 (b) Any publication offered for sale in a newsrack
placed or maintained on a public sidewalk or public
8 right-of-way shall not be displayed or exhibited in a manner
which exposes to public view, from any public place, any of
9 the following:
10 (1) Any statement or word describing explicit
sexual acts, sexual organs or excrement where such
11 statements or words have as their purpose or effect,
sexual arousal, gratification or affront; or
12
(2) Any picture or illustration of genitals, pubic
13 hair, perlneums, anuses or anal regions of any person
where such picture or illustration has as its purpose or
14 effect sexual arousal, gratification or affront; or
15 (3) Any picture or illustration depicting explicit
sexual acts where such picture or illustration has as its
16 purpose or effect, sexual arousal, gratification or
affront.
17
For the purpose of this sub-section (j) the term "explicit
18 sexual acts" means the depiction of sexual intercourse, oral
copulation, anal intercourse, oral-anal copulations, bestiality,
19 sadism, masochism, or excretory functions in conjunction with
sexual activity, masturbation or lewd exhibition of the genitals,
.20 whether any of the above is depicted or described as being
performed alone or between members of the same or opposite sex, or
21 between humans and animals, or other act of sexual arousal
involving any physical contact with a person's genitals, pubic
22 region, pubic'hair, perineum, anus or anal region.
23 E. Removal.
24 (1) Commencing ninety (90) days after the adoption date of
the ordinance codified in this Section, any newsrack in violation
25 of any provision of the ordinance codified in this Section will be
deemed nonconforming.
(2) In the event that the Director of Public Works determines
27 that a newsrack does not comply with the provisions of this
Section, 'he or she shall provide written notice of such
28 determination to the permittee or owner. The notice shall specify
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the nature of the violation, the location of the newsrack which is
2 in violation, the intent of the Director of Public Works to remove
the nonconforming newsrack in the event a hearing is not requested,
3 and the right of the permittee to request a hearing before the
License and Permit Board within fifteen (15) days from the date of
4 the notice. If the newsrack is one' which has not been authorized
by the License and Permit Board and ownership is not known, nor
5 apparent after inspection, a notice complying with this Section
shall be affixed to the newsrack.
6
(3) In the event that a hearing is held pursuant to this
7 Section, the License and Permit Board shall render a decision, in
writing, within ten (10) days from the date of the hearing, and the
8 decision shall advise the permittee or owner of his or her right
to appeal to the City Council, pursuant to the provisions of
'9 sub-section F. Notice of the decision shall be mailed to the
permittee or owner and! shall be considered effective on the date
10 mailed provided that the notice is properly addressed and placed
in the U.S. Mail with first class postage prepaid.
11
(4) The Director 'of Public Works may take possession of a
12 newsrack and, upon the expiration of thirty (30) days, dispose of
the newsrack as required by law, if:
-13
(a) No hearing is requested by the permittee or owner
14 within fifteen' (15) days as provided in Section E~2); or
(b) The appeal period specified in Section F has
15 expired; or
16
(c) In the event thatan owner or permittee fails to
17 remove the rack within ten (10) days from the date of the
decision of the.City Council, that the newsrack is not in
18 compliance with the rules, regulations and standards
established by this Section.
'19
(5) The Director of Public.Works shall inspect any newsrack
20 reinstailed after removal pursuant to this Section. The permittee
of the newsrack shall be charged a fee for this reinspection as
21 establishe~ by resolution of the City Council.
22 (6) In the event that any newsrack is abandoned, the Director
of Public Works may remove it pursuant to the procedures set out
23 in this Sectio-n.. For the purposes of this Section, the term
"abandonment,, shall mean no publication has been displayed in the
newsrack for a period of fifteen (15) consecutive days, no prior
written notice has been given by the permittee to the Director of
2~ Public Works specifying the reason(s) for non-use, and the
condition of the rack and related circumstances indicate it will
26 not be actively used within a reasonable period of time.
27 F. Appeals
28 The City Council shall have the power to hear and decide
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appeals based upon the enforcement or interpretation of the
2 provisions of this Section. Any permittee or owner who is
aggrieved by any decision of the License and Permit Board may
3 appeal that decision by submitting a written notice of appeal to
the City Clerk within twenty-one (21) days of the date on which
4 notice of the decision was mailed.' The City Council may Preside
over the hearing on appeal or may designate a hearing officer to
5 take evidence and submit a proposed decision together with
findings, within fifteen (15) days from the date of the hearing.
6 The City Council shall, within thirty (30) days from the date of
the hearing, render its decision on the appeal, together with
7 findings. The decision of the City Council shall be final.
8 G. Severability
9 If any provision of this Section as herein enacted or
hereafter amended, or the application thereof to any person
10 circumstances, is held invalid, such invalidity shall not affect
the other provisions or applications of this Section (or any
11 sub-section .or portion of sub-section hereof) which can be given
effect without the invalid provision or application, and to this
12 end the provisions of this Section are, and are intended to be,
severable.
15
The provisions of this Section are intended to augment and be
14 in addition to other provisions of the Tustin City Code. Whenever
the provisions of this Section impose a greater restriction upon
15 persons, premises, or practices than is imposed by other provisions
of the Tustin .City Code, the provisions of this Section shall
16 control.
17 If any sentence, clause or phrase of this Section is, for any
reason, held to be unconstitutional or otherwise invalid, such
18 decision shall not effect the validity of the remaining provisions
of this Section. The City Council hereby declares that it would
19 have passed the ordinance codified in this Section, and each
sentence, clause, and phrase thereof irrespective of the fact that
20 any one or more sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
PASSED AND ADOPTED by the City Council of the City of Tustin,
22 at a regular meeting on the 21st day of May, 1990.
· - ~
24 Dick Edgar, /-'
25 Mayor
ATTEST:
26
27 , \ .....\ . ..,,-- "'-
Mary Wynn ~ City1 Cl~;k
28 JGR:k~:R:~/13/~a\11) "
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1046
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council'of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1046 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the 7th day of May, 1990-, and was given its second reading and
duly passed and adopted at a regular meeting held on the 21st day of
a~, by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts
COUNCILMEMBER NOES: Prescott
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Whiteman
Chief Deputy City Clerk